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Landlord won't return deposit - minimum stay?

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  • 01-06-2006 10:43am
    #1
    peterwilson
    Closed Accounts Posts: 90 ✭✭


    Hi
    My friend signed a contract when she moved into her new place and the landlord had a condition 'minimum 6 month stay'.
    Shes moving out after 4 months and was told she wont get her deposit back.
    Is this fair/legal?
    Thanks!
    p


Comments

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    #2
    Slinky>
    Closed Accounts Posts: 110 ✭✭Slinky>


    How much is the deposit and rent per month?


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    #3
    Noelie
    Closed Accounts Posts: 999 ✭✭✭Noelie


    I'd say it is legal, as she is breaking her contract two months early. I may be worong but the landlord could ask for the Two months which she still has on her contract


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    #4
    peterwilson
    Closed Accounts Posts: 90 ✭✭peterwilson


    Deposit and rent are both 440


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    #5
    peterwilson
    Closed Accounts Posts: 90 ✭✭peterwilson


    Noelie wrote:
    I'd say it is legal, as she is breaking her contract two months early. I may be worong but the landlord could ask for the Two months which she still has on her contract

    :)
    I wonder how that would work?


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    #6
    Ginger
    Registered Users Posts: 2,931 ✭✭✭Ginger


    Might not be fair but its legit.

    She could always try to get a person intead of her to take the place which might solve the issue. Most people put in this clause to stop tenant turnover and to minimise the amount of time the place is idle.

    A compromise would be that she would get a new tenant for the landlord which would probably (depending on the mood) suit to fulfil the terms of the contract


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    #7
    Cuauhtemoc
    Registered Users Posts: 420 ✭✭Cuauhtemoc


    I thought that under the new tenancies act 2004 a tenant is only required to give 28 days notice within the first 6 months. Followed by 35 days between 6 moths to a year???

    Is this superceded if you sign a minumum stay contract as in this case?


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    #8
    gibo_ie
    Registered Users Posts: 782 ✭✭✭gibo_ie


    tenant should be registered with the Public Residency Tenancy Board, check with them for definative aswer www.prtb.ie

    Before this he was well within his rights to ask for the 2 months left rent as they did sign a lease for 6 months. This is fair enough as you could imagine, same goes for the tenant or after two months the landlord could have said hop it please i want you out for no reason.

    EDIT: From www.prtb.ie
    The notice period required to terminate a tenancy that has lasted between one month and two years is 42 days.

    i think i would let him keep the deposit and say nothing, otherwise they must pay the exrta rent until end of lease!!


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